Receiving a Firearm with Defaced or Altered Serial Number
New Bedford & Fall River Weapons Offense Criminal Attorneys
It is a crime in Massachusetts to deface or alter the serial number on a firearm. Knowingly receiving a firearm with and altered of defaced serial number is a crime governed by M.G.L 269 section 11 (c).
“Whoever… receives a firearm with knowledge that its serial number or identification number has been removed, defaced, altered, obliterated or mutilated in any manner shall be punished ….”
Penalties For A Conviction
A conviction for defacing a firearm’s serial number results in minimum sentence of 1 month but no more than 2 ½ years in the house of corrections and a $200 fine.
In order to prove the defendant guilty of this offense the Prosecutor must prove the following things beyond a reasonable doubt:
- The item in question was a firearm;
- The defendant received the firearm;
- The defendant knew that the item was a firearm;
- The serial number or identification number on the firearm was removed, defaced, altered, obliterated, or mutilated in some manner; and
- The defendant knew that at the time he or she received the firearm the serial number had been removed, defaced, altered, in some way.
The prosecution doesn’t need to show that the defendant received the firearm. Instead all the prosecution needs to show is that the defendant knowingly took control of the firearm. The defendant can take legal control of the firearm without personally possessing the firearm.
The prosecution can’t establish that the defendant took control of the firearm simply by showing the defendant was present in the same place as the gun. In addition to showing that the defendant was present in the same place as the firearm, the prosecution must also prove that the defendant knew that the firearm was there, and had the ability and intent to exercise control over the gun.
Charged With Receiving a Firearm with Defaced or Altered Serial Number? Call 508-588-0422 For A Free Initial Consultation
No matter where you are located in Southeast Massachusetts, expert legal help is just a phone call away. To schedule a free, no-obligation case review and consultation with an experienced Fall River Area, MA Criminal Defense Trial Lawyer call our law offices at (508) 588-0422. When you make the call, rest assured you have taken your first step to find out how best to confront the charges you are facing and in ensuring your constitutional rights are not violated. You can also use our Free Case Evaluation Form to submit information about your case in confidence, or to request that we contact you.